Proceedings
Sh. Sumeet, Engineering Officer and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Venkat Rao (Advocate) along with Gunjan Kumar, Sonam Sharma and Chandan Rajput appeared on behalf of the complainant i.e., M/s Advance India Projects Ltd. Sh. Gautam Sarin (VP), Ms. Aditi Mittal Singhvi (Business Head) and Sh. Chintan Sanghavi (Sr. EVP) appeared on behalf of the promoter. The advocate of the complainant states that they have filed a representation/complaint dated 19.05.2026 and another detailed representation dated 12.06.2026 in the Authority, wherein various reliefs including not granting registration to the project have been sought while highlighting the violation of the consolidated FDI policy, unlawful transfer of the licensed land and development rights, and non- completion of development obligations. The advocate of the complainant further states that the promoter has violated Section 3 and Section 15 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘the Act’) and requests the Authority to not grant registration to the project since there are litigation pending before various departments/courts/forums. The Authorised Representative of the applicant promoter i.e., M/s Oberoi Realty Ltd. (hereinafter referred to as ‘AR’) states that M/s Advance India Projects Ltd. has made frivolous litigations against the promoters before various forums and no interim relief has been granted by any court/competent authority in any of the complaints/petitions till date. The litigation filed by M/s Advance India Projects Ltd. before the Department of Town & Country Planning, Haryana (in short ‘DTCP, Haryana’) regarding the transfer of licensed land, migration of license land and change of Developer was rejected by the DTCP, Haryana vide order dated 01.03.2024 and only after that the license no. 69 of 2025 was granted on 12.05.2025 in collaboration with M/s Commander Realtors Pvt Ltd., thereafter change of developer on 17.06.2025 and subsequently approval of building plan of the project was issued on 19.05.2026. The AR also clarifies that prior to the migration of part land from the earlier licenses no. 63 of 2009, 107 of 2010 and 60 of 2012, 69 units of the project as conceptualized vide approved building plans dated 03.07.2013 were sold by the erstwhile promoter, out of which 14 allottees were granted refund and 47 out of remaining 53 unique allottees provided their consents with respect to the transfer of development rights in favor of M/s Oberoi Realty Ltd. The copies of the same have been submitted in the Authority as well. The AR requests that the Authority may therefore disregard and close the above representation submitted by AIPL, and proceed with the processing and grant of registration to the Project. The AR further submits that presently, all necessary approvals are in place except the rectification of license no. 69 of 2025, approvals of service plan and estimates, fire scheme, tree cutting permission, power line shifting NOC and mining permission which have not been obtained as on date. Further, the AR of the promoter undertakes to obtain and submit: a. Rectified copy of the license no. 69 of 2025 within 6 months from the date of grant of registration; b. Approved fire scheme and Approved Service Plans and Estimates within 6 months from the date of grant of registration; c. Tree cutting permission prior to felling of any trees on the site; d. Power line shifting NOC; and e. Mining permission before commencement of construction on the site. Further, he undertakes to submit two separate Demand Drafts/Bank Guarantees amounting to Rs. 25 lakhs each as a security deposit for timely submission of the approved fire scheme and approved service plans and estimates within 6 months from the date of grant of registration in the Authority. It is also expressly undertaken that in the event of failure to obtain and submit the approved fire scheme and approved service plans and estimates within the stipulated time frame, the said security amount shall be liable to be forfeited by the Authority. Arguments heard. The Authority has considered the submissions made by both parties and examined the records placed before it. At the outset, it is noted that the role of the Authority under the Real Estate (Regulation and Development) Act, 2016 (“the Act”) and its jurisdiction at the stage of registration of a real estate project is confined to verifying whether the application submitted under Section 4 of the Act read with Rule 3 of the Haryana Real Estate (Regulation and Development) Rules, 2017 (“the Rules, 2017”), is complete in all respects and supported by relevant documents/disclosures as stipulated under the Act, Rules and regulations made thereunder. Rule 3(1)(e) of the Rules, 2017 further obligates promoters to disclose “all dues, litigation, rights, title, interest and name of any party in or over such land” along with a non-encumbrance certificate issued by the competent revenue authority. Rule 14(1)(a)(iii) of the Rules mandates that the details of the ongoing litigation in the past five years in relation to the real estate projects developed or being developed by the promoter in the state be published on the Authority’s website for public scrutiny and the same is to be provided in the form prescribed as per ‘Annexure C’ of the Rules. These statutory provisions clearly establish that complete disclosure of litigation in past five years in relation to the real estate projects developed or being developed by the promoter in the state is mandatory. After considering the submissions advanced by the complainant as well as the applicant-promoter and upon examination of the documents available on record, it is matter of record that M/s Oberoi Realty Ltd. has approached the Authority for registration of the project pursuant to the transfer of the earlier licensed land parcels in its favour and securing appropriate approvals like license No. 69 of 2025 dated 12.05.2025, change of developer vide order dated 17.06.2025, building plans dated 19.05.2026 etc. in its favour by the competent authority after adjudication of the earlier objections/ litigations filed by M/s Advance India Projects Ltd. before DTCP, Haryana. Given the statutory scheme as discussed above, the Authority is not empowered to adjudicate representation of the Complainant regarding the violation of the consolidated FDI policy, unlawful transfer of the licensed land and development rights, and non- completion of development obligations. The Authority further observes that the disputes raised by the complainant pertain to inter-se rights and obligations between the parties, the adjudication whereof falls outside the jurisdiction conferred upon this Authority under the Act. It is further observed that there is no stay or any interim order has been passed in any of the litigations pending before the Hon’ble Apex Court, Hon’ble High Court of Punjab and Haryana, Commercial Court, Gurugram or any other court/tribunal. In view of the foregoing facts and circumstances, and considering that the competent authorities have already granted the requisite approvals in respect of the project, this Authority is of the considered opinion that the representations/complaints dated 19.05.2026 and 12.06.2026 are not maintainable before this Authority and accordingly, the same are hereby dismissed. However, this shall not preclude the complainants from availing such remedies as may be available to the under law before the appropriate competent forum. Therefore, keeping in view the above, the Authority has no hitch is proceedings further with the present application for registration in accordance with the provisions of the Act, Rules and regulations made thereunder. However, the promoter is further directed to disclose the pending litigation in the brochure/ marketing material of the project and the website of the promoter also. A condition to this effect shall also be incorporated in the Registration certificate also. The Authority further observes that the Proviso to Section 3(1) of the Act of 2016 imposes a mandatory obligation on the part of the promoter to make an application for registration of the ongoing project within three months from the date of commencement of the Act. It is noted that the license no. 69 of 2025 is obtained after migration of part areas of license nos. 63 of 2009, 107 of 2010 and 60 of 2012 and the registration with respect of the same was not obtained by the erstwhile promoter, therefore the late fee (amounting to Rs. 1,47,34,488/-) is leviable and the same shall be paid by the erstwhile promoter in accordance with the Haryana Real Estate Regulatory Authority, Gurugram (Late Fees for Registration of On-going Real Estate Projects) Regulations, 2018 as amended from time to time, which has been calculated for entire 14.81875 acres proportionately based on the approved building plan dated 03.07.2013 sanctioned for 17.224 acres, in the registration application bearing Temp ID RERA-GRG-2240-2026 and this shall be considered for rest of phases applied and to be applied for registration in the Authority. The AR of the applicant promoter further submits that the late fees as mentioned above shall be paid. With respect to the issue of violation of section 3(1) of the Act which prohibits any advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be prior to obtaining registration of the real estate project under the Act, the Planning branch of the Authority is directed to initiate separate proceedings in this regard. With respect to the allegation regarding violation of Section 15 of the Act, the Authority observes that the licensed land forming part of present registration application was never registered with this Authority under the Act. Section 15 contemplates transfer or assignment of promoter’s rights and liabilities in respect of a registered real estate project requiring prior approval of the Authority and consent of at least two-thirds of the allottees. In the present case, the change of developer in favour of M/s Oberoi Realty Ltd. i.e., the Promoter, was approved by the competent authority, namely the DTCP, Haryana, vide order dated 17.06.2025, prior to the filing of the present application for registration of the said project. The Authority further notes that, out of 53 unique existing allottees, consent of 47 allottees has also been obtained by the applicant-promoter, which is in excess of the threshold prescribed under Section 15 and nevertheless demonstrates that the interests of the existing allottees have substantially been safeguarded. The applicant-promoter has approached the Authority only after obtaining the requisite approvals from the competent authority as well as consent of more than two-third of the unique existing allottees. Therefore, in the facts and circumstances of the case, the provisions of Section 15 are not attracted and no violation thereof is made out warranting any action against the applicant-promoter. The Authority has taken note of the submissions made by the Authorized Representative of the promoter regarding the non-availability of the Approved fire scheme and Approved Service Plans and Estimates as on date. In view of the above, and in the interest of regulatory compliance, the Authority hereby directs that the promoter shall submit two separate two Demand Drafts / Bank Guarantees, each amounting to Rs. 25,00,000/- (Rupees Twenty-Five Lakhs only), in favour of the Authority, as security amounts for timely submission of the Approved fire scheme and Approved Service Plans and Estimates within 6 months from the date of grant of registration. In the event of non-submission of any of the above approvals within the prescribed time frames, the corresponding security amount shall stand forfeited by the Authority, and such failure may also attract additional regulatory action as permissible under the Act of 2016, Rules and Regulations made thereunder. The AR of the promoter is further directed to submit the rectified copy of license within 6 months of grant of registration, tree cutting permission before felling of any trees on the project site, power line shifting NOC from competent Authority and mining permission before commencement of construction work on the site. A condition to this effect shall also be incorporated in the Registration certificate also. Approved as proposed subject to conditions imposed hereinabove and rectification of deficiencies mentioned above at S. No. 36. The registration is without prejudice to the rights of the existing allottees under the provisions of Act of 2016, Rules and Regulations made thereunder and subject to final outcome/ orders of Hon’ble Supreme Court in CA No. 8977 of 2014 titled as Jai Narayan @ Jai Bhagwan & Others Vs State of Haryana & Others with Civil Appeal No. 13828 of 2015 & Civil Appeal No. 9211-9213 of 2016 titled State of Haryana Vs Dev Dutt and final outcome of CBI/ED investigation under process and other pending litigations before various courts/tribunals/forums. The Registration Certificate shall be issued after submission of corrections in form REP-I (Part A-H), Online DPI along with the other remaining deficiencies mentioned at S. No. 36 and submission of two DD’s/BG’s of Rs. 25 lakhs each for submission of Approved Fire Scheme approval and Approved Service Plans & Estimates within the timeframe mentioned above.
